Terms and conditions (online purchases)
- APPLICATION OF THE TERMS AND CONDITIONS (T&CS) – VERSION 2020
1.1. The following terms and conditions shall apply exclusively to all present and future transactions with Donauturm Aussichtsturm- und Restaurantbetriebsgesellschaft m.b.H, Donauturmplatz 1, 1220 Vienna, commercial register no. FN99156v (hereinafter referred to as “Donauturm”) that are carried out over the website https://www.donauturm.at. This shall also apply to contractual relationships that are passed on to Donauturm through the law of succession. The application shall be agreed, even in the event that express reference is not made to these T&Cs.
1.2. Deviating or supplementary provisions, particularly the terms and conditions of the client, shall constitute an integral part of the contract only if this is expressly confirmed in writing by Donauturm. Actions taken to fulfil the contract shall explicitly not constitute an acceptance of provisions that deviate from these T&Cs.
- OFFER/CONCLUSION OF A CONTRACT
2.1. Insofar as the binding force of an offer is not expressly agreed, all offers from Donauturm shall be non-binding and an order by a purchaser shall be considered valid only with the dispatch of an order confirmation by Donauturm. At this point, the contract is considered complete.
2.2. Donauturm reserves the right to refuse orders without providing justification or to refuse to enter into a contractual relationship with a client. In particular, Donauturm reserves the right to no longer supply clients in the event that the services by Donauturm are used improperly, if their use severely violates the client’s obligations or other requirements on the client’s part or if the payment information cannot be verified.
2.3. As part of the registration process, the client must fully and truthfully enter his/her first name and surname, date of birth, delivery address (no P.O. Box), a valid e-mail address and phone number and, if necessary, the company and details of the authorised representative. If the data entered changes after registration, the user shall undertake to immediately update the information.
- PRICE, PAYMENT CONDITIONS
3.1. Insofar as not otherwise expressly agreed or recorded, all prices given shall be understood to be in euro and including VAT. Delivery charges shall not be included in the given price and shall be calculated separately.
3.2. The client shall undertake to pay any possible fees (such as postal charges). Donauturm shall reserve the right to change prices at any time.
- DELIVERY, ACCEPTANCE, DELAY
4.1. The client shall give his/her express consent for Donauturm to begin to provide the service on completion of the order process. This thereby excludes the right of withdrawal with regard to downloaded digital content, pursuant to Article 18 para. 1 fig. 1 of the Austrian Online and Distance Selling Act (FAGG)
4.2. The delivery time for ordered items may vary, depending on the availability of stock, delivery address of the client, the time that the order was placed and other circumstances that may have an impact on deliveries. Donauturm shall therefore assume no liability for a specific delivery time. Delivery time is 3-5 working days (this may be delayed in the run-up to Christmas). This shall begin on the day that the order confirmation is dispatched and shall be met provided that the goods leave the sender by the end of the delivery period. The goods shall be sent to the delivery address provided by the ordering party, which must be within Austria and Europe.
4.3. If a product ordered by a client cannot be delivered, Donauturm reserves the right to provide a similar product, whereby this is deemed to be fulfilling the contract.
5.1. In the event of a guarantee, Donauturm is entitled to choose the type of guarantee (improvement, exchange, price reduction or conversion) itself.
5.2. If Donauturm resolves other faults that fall outside the guarantee or provides other services, these shall be charged according to the valid Donauturm price list.
- COMPENSATION, LIABILITY DISCLAIMER
6.1. Compensation claims shall be excluded in cases of slight negligence, except for personal injuries.
6.2. Donauturm shall not be liable for collateral damages, loss of profit, loss of interest, omitted savings, secondary and financial damages,
damages from third-party claims and the loss of data and programs, as well as their recovery.
Once Donauturm has sent the ordered vouchers, the client shall no longer be able to withdraw from or cancel the purchase. This thereby excludes the right of withdrawal pursuant to Article 18 para. 1 Z fig. 1 FAGG.
- FINAL PROVISIONS
8.1. Modifications or additions to a contract must be in written form in order to be effective, provided that another form is not compulsory. This shall also apply to removing this requirement regarding form.
8.2. If a provision in a contract becomes invalid or unenforceable, this shall not affect the validity or enforceability of the other provisions in the contract. If this event occurs, the contractual parties shall endeavour to replace the invalid or unenforceable provision with a valid and enforceable provision that comes as close as possible to the purpose of the provision being replaced. This shall apply in turn to an addition to the contract in the event of a loophole in the contract.
8.3. Transferring rights and obligations from a contract, especially assignment of a claim, shall be permitted only with the agreement of the respective other contractual party.
8.4. All contracts concluded by Donauturm are subject to Austrian substantive law to the exclusion of the legal rules of international private law. The UN Convention on Contracts for the International Sale of Goods shall not apply.
8.5. For all legal disputes concerning the conclusion or legal effectiveness of a contract, or in connection with a contract, including its prior and subsequent effects, only the exclusive jurisdiction of the factual competent court for the Donauturm headquarters shall be considered valid.
8.6. Donauturm shall reserve the right to change these T&Cs at any time.
Terms and conditions (events)
- APPLICATION OF THE TERMS AND CONDITIONS (T&CS) – VERSION 2020
1.1. The following terms and conditions shall apply exclusively to all present and future transactions with Donauturm Aussichtsturm- und
Restaurantbetriebsgesellschaft m.b.H, Donauturmplatz 1, 1220 Vienna, commercial register no. FN99156v (hereinafter referred to as “Donauturm”) that concern the hiring of venues. This shall also apply to contractual relationships that are passed on to Donauturm through the law of succession. The application shall be agreed, even in the event that express reference is not made to these T&Cs.
1.2. These T&Cs shall apply to all cases concerning the hiring out of venues by Donauturm as of 1 January 2020 and shall replace all
currently existing T&Cs without substitution.
1.3. Deviating or supplementary provisions, particularly the terms and conditions of the client, shall constitute an integral part of the contract only if this is expressly confirmed in writing by Donauturm. Actions taken to fulfil the contract shall explicitly not constitute an acceptance of provisions that deviate from these T&Cs.
- SCOPE OF SERVICES AND CONCLUSION OF CONTRACT
2.1. Donauturm shall hire out its venues to third parties (hereinafter referred to as “Organisers”) for events for a fee.
2.2. The venues, beginning and duration of the event to which these T&Cs refer, other services to be provided by Donauturm and the fees agreed for these shall be specified in the separately concluded contract (hereinafter referred to as “Hire Contract”).
2.3. The Contract shall be concluded on acceptance of the quote provided to the Organiser by Donauturm. Acceptance shall occur when a reservation confirmation is sent to the Organiser. If the reservation confirmation contains conditions that do not coincide with the quote provided to the Organiser, these shall be considered as approved if the Organiser has not objected to them within 24 hours.
2.4. The contractual parties are Donauturm and the Organiser. If a third party has concluded the contract on behalf of the Organiser, the
third party in question shall be liable to Donauturm, in addition to the Organiser, as joint tortfeasor for all obligations in this Contract.
2.5. Subleasing or subletting the hired venue and using it for a purpose other than the reason for the event shall require prior written consent from Donauturm.
2.6. The Organiser shall undertake to explain immediately and without prompting, but on concluding the contract at the latest, whether its
planned event in a Donauturm venue is likely to generate public interest or potentially have a negative effect on Donauturm’s interests, owing to its political, religious or other nature.
2.7. Newspaper adverts, other advertising materials and publications that make reference to Donauturm shall require prior written approval
2.8. If the Organiser violates this duty of disclosure pursuant to point 2.6. or produces a publication without consent pursuant to point 2.7., Donauturm shall be entitled to prohibit the use of the venue for the desired purpose or to withdraw from the contract entirely.
- HIRING THE VENUE
3.1. Donauturm shall undertake to make the venue booked by the Organiser available at the agreed time and to provide the agreed services, provided that the Organiser has complied with its payment obligations. If the agreed start and/or end times are changed, Donauturm shall be entitled to charge for the additional costs for providing staff and equipment that this incurs. For events that continue on past midnight, from this point on Donauturm shall be entitled to charge for additional staff costs and travel costs for employees.
3.2. The Organiser shall be obligated to notify Donauturm at the time of booking of the anticipated number of attendees in the event. The definitive number of attendees must be sent to Donauturm in writing at least four working days before the day of the event. In the event
of increasing the number of participants, an invoice shall be provided for the actual number of participants and in the event of a reduction, cancellation conditions pursuant to point 5 shall also apply.
3.3. Food and drink for consumption cannot be brought into the venue without express consent from Donauturm. Donauturm reserves the express consent from Donauturm. Donauturm reserves the right to invoice an equivalent charge for food and drink that is brought in. Furthermore, Donauturm shall assume no liability for food and drink that is brought in.
3.4. If Donauturm handles technical or other equipment belonging to a third party at the Organiser’s request, Donauturm shall act on the Organiser’s behalf and account. In this respect, the Organiser shall undertake to indemnify Donauturm from all claims by third parties. Written agreement from Donauturm shall be required for the Organiser to use its own electrical systems and appliances using Donauturm’s mains supply. If the use of these systems and appliances causes disruption or damage to Donauturm’s technical infrastructure, the Organiser shall be charged to the fullest extent. The Organiser shall ensure that the appliances are safe to use and shall prove this on request. Donauturm shall be entitled to calculate and charge a flat rate for the cost of the energy used.
3.5. Handling flammable materials and performing with naked lights or fire/pyrotechnical products is not permitted.
3.6. The Organiser shall have the option to use its own phone, fax and data communications equipment with Donauturm’s agreement. Donauturm shall then be entitled to charge for access and connection fees.
3.7. If official permits are required for the event, the Organiser shall obtain these permits at its own expense in good time prior to the event, register the event in due form and provide a copy of the confirmation as proof three days before the start of the event, at the latest. All potential official requirements, of any nature, shall be met by the Organiser at its own expense and in such a way that does not incur any cost or harm to Donauturm. Any officially stipulated participation of public supervisors shall be ensured by the Organiser in good time and at its own expense. If compliance with the stipulated official requirements is not guaranteed by the Organiser (any longer), for whatever reason, Donauturm may prevent the event from taking place or cancel it. Should this be the case, the cancellation conditions pursuant to point 5 shall apply correspondingly. The Organiser shall confirm its awareness of the provisions of applicable events laws, as well as other event-specific laws and ordinances.
3.8. For musical performances using all kinds of sound and image carriers, the Organiser shall obtain performance rights from AKM. According to the law, the Organiser shall undertake to file an application for the appropriate licence from AKM before the start of the event. In the event of failure to do so, the Organiser must anticipate claims for damages according to copyright law.
3.9. Official regulatory bodies, government officials and Donauturm employees and representatives shall be allowed access to the venue covered by this Contract at any time.
- USE OF OWN TECHNOLOGY
4.1. If the Organiser plans to place or set up decorations, technical installations or technical systems in the venue, this shall be agreed in writing in advance. If this is the case, the venues and structures belonging to Donauturm must not be damaged. Fitting/setting up must be carried out by qualified specialists and all relevant legal provisions, particularly fire safety and event regulations, must be observed. With regard to (technical) structures and systems, the Organiser shall be responsible for ensuring that the space provided for the event, including all equipment, furnishings, other systems and resources, are not damaged, especially the walls and floors. Decorations and structures provided by Donauturm shall remain the property of Donauturm and any damage to the decorations and structures, of any nature, shall be the fault of, and replaced by, the Organiser. The Organiser shall hold Donauturm harmless and indemnify it in this respect. The Organiser shall also bear the costs of decorations and structures.
4.2. Donauturm shall assume no liability whatsoever for any kind of item that is brought into the Donauturm venue, sent to Donauturm before the start of the event or collected after the end of the event. This includes theft, robbery and burglary, in addition to damage. All risks shall be borne by the Organiser, which shall hold Donauturm harmless and indemnify it from all possible claims. Surveillance shall not be provided by Donauturm.
4.3. All items brought to the venue must be removed immediately after the event ends. Donauturm shall be entitled to remove abandoned items and dispose of them at the Organiser’s expense. If disposal is associated with disproportionately high costs, Donauturm shall have the option to leave the items in the event room and charge the respective room hire fee for the duration that they remain there.
4.4. The Organiser shall undertake to dispose of packaging material that it brings in. In the event of failure to do so, Donauturm shall be entitled to dispose of this at the Organiser’s expense.
- METHODS OF PAYMENT, DURATION OF THE CONTRACT AND TERMINATION
The Organiser shall undertake to pay the agreed fee for the use of the venue and other services within 14 days from undersigning the quote. For services arranged by the Organiser and expenses from Donauturm to third parties, Donauturm shall be entitled to provide the invoice for these services after the event.
- The agreed prices shall include the relevant statutory VAT. If other taxes and fees apply, these shall be paid by the Organiser. If the taxes and fees change after the contract is concluded or new taxes and fees come into effect, then these shall also be paid by the Organiser. The Organiser is responsible for filing and paying all fees and taxes, as well as event-related taxes (e.g. entertainment tax).
6.1. In the event of late payment, Donauturm shall be entitled to charge interest of 8% over the base rate p.a., and 4% p.a. for the public. Donauturm shall reserve the right to enforce further damage for delays.
6.2. If the period between concluding the contract and fulfilling the contract is longer than four months and the price for the services as calculated by Donauturm increases in that time, the contractually agreed price may increase appropriately. However, this can only be adjusted by a maximum of 15%.
6.3. If the Organiser subsequently requests changes to the number of rooms booked or the services provided by Donauturm and Donauturm agrees to this, an appropriately modified price shall be charged.
6.4. The Organiser may terminate the contract free of charge up to 22 days before the event. Up to 15 days before the event, termination will be free of charge only if the event spaces can be hired out for another purpose. If the event is terminated up to 8 days before the event, the Organiser must pay the agreed fee, plus 33% of the anticipated revenue (in cases of doubt: consumption per person as agreed x number of people registered) and if the event is terminated fewer than 8 days before the event, the Organiser must pay the agreed fee, plus 66% of the anticipated revenue (in cases of doubt: consumption per person as agreed x number of people registered). Termination must be submitted in writing.
6.5. If the agreed deposit is not paid on time, Donauturm shall be entitled to withdraw from the contract after settling a grace period of three days. Furthermore, Donauturm shall be entitled to withdraw from the contract due to reasonably justified grounds, for example if events are booked by providing misleading or false essential information, e.g. regarding the identity of the Organiser or the
Donauturm has justified cause to believe that the event may jeopardise smooth business operation or there is a significant violation of these terms and conditions.
Withdrawing from the Contract in this manner may also be announced during the event, whereby the event shall be immediately cancelled. In the event of legitimate withdrawal according to these provisions, the Organiser shall have no claims against Donauturm.
7.1. Holding the event and all provisions occurring in connection with this shall be at the sole risk of the Organiser and the individuals that it calls in for this purpose.
7.2. Donauturm shall assume no liability for accidents and/or damages that affect the Organiser, its employees, suppliers, guests or third parties. This exclusion of liability shall also apply to all accidents that occur on Donauturm’s premises.
7.3. Therefore, the Organiser shall undertake to hold Donauturm harmless and indemnify it if a claim is made against Donauturm by third parties in connection with damages from an event.
- FINAL PROVISIONS
8.1. Verbal agreements made by the parties prior to concluding these terms and conditions are invalid. Modifications and/or additions require the written form to be effective. This also applies to removing this requirement regarding form.
8.2. Austrian law applies to the exclusion of conflict of laws and the UN Convention on Contracts for the International Sale of Goods.
8.3. If a provision in a contract becomes invalid or unenforceable, this shall not affect the validity or enforceability of the other provisions in the contract. If this event occurs, the contractual parties shall endeavour to replace the invalid or unenforceable provision with a valid and enforceable provision that comes as close as possible to the purpose of the provision being replaced. This shall apply in turn to an addition to the contract in the event of a loophole in the contract.
8.4. For all legal disputes concerning the conclusion or legal effectiveness of a contract, or in connection with a contract, including its prior and subsequent effects, only the exclusive jurisdiction of the factual competent court for the Donauturm headquarters shall be considered valid.